S.I. No. 283/2007 - Road Traffic (Special Permits for Particular Vehicles) Regulations 2007

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by section 13 of the Road Traffic Act 1961 (No. 24 of 1961) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )), hereby make the following regulations:

1.   These Regulations may be cited as the Road Traffic (Special Permits for Particular Vehicles) Regulations 2007.

2.   In these Regulations “Regulations of 2003” means Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ).

3.   (1)        In this Regulation “appropriate local authority” means the city council or the county council in whose functional area a public road is situated in respect of which a person may apply for a permit.

(2)        Any person may apply to the appropriate local authority for the issue of a special permit (“permit”) authorising any particular vehicle or vehicles (including any combination of a mechanically propelled vehicle and one or more trailers), the use of which would contravene any of the requirements of the Regulations of 2003, to be used on one or more specified public roads or all the public roads within a specified area within the functional area of the authority notwithstanding such contravention.

(3)        An application for a permit shall specify and describe any vehicles for which the permit is required and particulars of the journey or journeys to be undertaken, and, as relevant, the nature, dimensions and weight of any load or loads to be carried, the maximum number of passengers to be carried, the route or routes and stopping places (including places for the boarding and alighting of passengers on the route or routes, as the case may be) on such journey or journeys, and such other information as the local authority concerned may require.

(4)       (a)        An applicant shall, not less than 4 working days before making an application for a permit, give notice in writing to the Commissioner of the proposed application accompanied by a copy of it.

(b)       Where a person is concerned with public transport, lighting, water supply, communications or some other similar public service and the Commissioner is of the opinion that the use on public roads of vehicles belonging to such person, the use of which would contravene the Regulations of 2003, is likely to be urgently necessary for the more efficient carrying on of such public service, the Commissioner may exempt this person from compliance with subparagraph (a).

(5)       An application for a permit shall contain an undertaking by the applicant to refund to the local authority charged with the maintenance of public roads in its functional area the amount of any damage caused to a public road by the use of the vehicle under the permit which may be issued, provided that a claim for such refund is made by the local authority before the expiration of 12 months from the last date when a vehicle is driven on the public road under the permit.

(6)        Where an application for a permit is made, the appropriate local authority shall, before issuing the permit, satisfy itself that the undertaking in such application to refund damage can be enforced, if necessary, and for that purpose may require the applicant, as a condition to the issue of the permit, either to deposit with it (or in the case of a public road in the charge of a town council, with that council) a sum sufficient to cover the amount of such damage, or to furnish other sufficient security.

(7)        Where an application for a permit is made, the appropriate local authority, where it is satisfied that the requirements of this Regulation have been complied with and after consideration of any representations made to them by the Commissioner, may issue the permit.

(8)        Where a permit relates to a public road in the charge of a town council, the appropriate local authority shall inform that council of the issue of the permit.

(9)        In issuing a permit a local authority shall -

(a)  in the case of any permit -

(i)         include a specification and description of any vehicle to which the permit relates,

(ii)        detail the particulars of the journey or journeys to be undertaken, the route or routes and stopping places on such journey or journeys, and the time or times at which such journey or journeys are to be undertaken,

(iii)       specify the nature, dimensions and weight of any vehicle to which the permit relates, and

(iv)       specify that the permit or a copy of the permit shall at all times be carried on the vehicle or on any vehicle comprising a combination of a mechanically propelled vehicle and one or more trailers to which it relates, and

(b)  in the case of a permit relating to a vehicle for the carrying of passengers -

(i)        specify the maximum passengers which may be carried and the method of calculating that number, and

(ii)        detail the places for stopping, and the boarding and alighting of passengers, on the route or routes,

in the permit or attached to it.

(10)      A local authority that issues a permit may attach to the permit -

(a)       any limitations, restrictions or conditions (including in particular conditions as to weight, dimensions, speed, number of trailers, springs, tyres and wheels) which they consider advisable to prevent unnecessary damage to public roads or which, after consultation with the Commissioner, they consider expedient to protect other road users,

(b)       conditions relating to the periodic inspection of any vehicle to which the permit relates by a competent person for the purposes of determining compliance with the requirements of the Regulations of 2003 apart from those requirements for which the permit grants exemption,

(c)       conditions relating to the content and display of markings, signs and notices on or in any vehicle to which the permit relates, or

(d)       conditions relating to the carrying of first-aid kits, fire extinguishers or other equipment on any vehicle to which the permit relates.

(11)      A permit may, in addition to specifying a particular public road or roads in a specified area, authorise the occasional use of any vehicle to which it relates on other public roads not specified, subject to compliance with conditions specified by the appropriate local authority, including in particular the condition that before using a vehicle on any such other public road, the person in charge of the vehicle shall inform, orally or in writing, an officer of the appropriate local authority designated for that purpose by the local authority and shall comply with any instructions given by the officer.

(12)      A permit is valid for the period of 12 months from the date of issue of the permit or for such lesser period as may be stated in it.

(13)      Where a vehicle, in respect of which a permit has been issued, is being used in contravention of any condition attached to the permit, the appropriate local authority which issued the permit may withdraw it.

(14)      Where a local authority proposes to withdraw a permit it shall give 21 day's notice of such intention to withdraw it to the holder and shall consider any representations made by the holder within that period save in cases where the local authority is of the opinion that the operation of the permit causes a significant risk to safety, in which case the permit may be withdrawn immediately.

4.   A permit issued under Regulation 59 of the Regulations of 2003 and which is in force immediately before the making of these Regulations continues in force as if issued under these Regulations.

5.   Regulation 59 of the Regulations of 2003 is revoked.

EXPLANATORY NOTE

(This Note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations restate with amendments the regulatory framework for the issue of special permits by local authorities authorising particular vehicles or combinations of vehicles which contravene the Road Traffic (Construction and Use of Vehicles) Regulations 2003 to be used on public roads notwithstanding the contraventions. The Regulations also revoke Regulation 59 of the Road Traffic (Construction and Use of Vehicles) Regulations 2003, which prior to these Regulations provided the legislative basis for these permits.